under Section 181 of Indian Motor Vehicles Act,1988 (for short ‘MV Act’). Even as per Ex.R9, the insurer’s own documents, Vijay.V – driver of the Car was holding driving licence to drive ‘light motor vehicles (non transport)’. The said licence was valid from 10.06.2011 till 22.02.2027. In Ex.R8/permit Swift Desire Car bearing registration No..A-41-A-1588 is shown as ‘Luxury Taxi’. However, three judges Bench in the judgment of the Hon’ble Supreme Court in Mukund Dewangan ‘s case referred to supra, on reference held that light motor vehicle as defined in Section 2(21) of the MV Act would include a transport vehicle as per weight prescribed in Section 2(21) read with Section 2(15) and 2(48). It was further held that such transport vehicles are not excluded from definition of light motor vehicle by virtue of Amendment Act 54 of 1994. It was further held that a driver holding valid licence to drive light motor vehicle (non transport), is competent to drive ‘transport’ vehicle of the same class. The view taken in Mukund Dewangan ‘s case referred to supra is upheld by the Supreme Court in the judgment in M/s Bajaj Alliance General insurance Co.Ltd Vs Rambha Devi &Ors4 . Therefore, finding of the Tribunal that the
